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The act requires an individual to perform his or her job satisfactorily, and Zimpfer was an employee for over 16 years. 2. In the same year that Zimpfer was rejected, Palm Beach County filled only 4 percent of managerial positions with persons over 55 years of age and only 16 percent with persons over 39. Do these data indicate illegal discrimination using disparate impact theory? Should Zimpfer’s lawyer use disparate impact theory for his claim of age discrimination? The disparate impact guards against employment practices that can be considered illegal and discriminatory to members of a minority group. The employment practices may not be discriminatory on its face, but has discriminatory effects or application (Bernardin and Russell, 2013). In the above case, 84 percent of the employees are below 49 years of age. This makes the employees over 39 years a minority group. This data can serve as an indication of discrimination of a minority group on the basis of age. Zimpfer’s lawyers can use disparate impact theory as a claim for his employment due to age discrimination. The hiring of only 16 percent employees over 39 years shows the management was discriminative towards older people. This can be used to explain why Brad was hired instead of Zimpfer. Goebel et al. v. Frank Clothiers 3. Were Mr. Goebel and other African-American applicants victims of racial discrimination because of the hiring policies of Frank Clothiers? Is there evidence of disparate impact against African Americans in the decisions that were made? On what basis did you arrive at this position? (Be explicit and show your math.) The company hired 10 African-Americans for the managerial vacancies, which was about 62 percent of the hired employees. The case was filed because 26 African-Americans out of 51 applicants failed the intelligence test and could not be given an interview. The company employed 38 percent whites out of the 16 applicants who qualified for the job. Therefore, the African-Americans were not victims of racial discrimination since the results of the intelligence test were used to choose those who would attend the interviews. The Africans had the constituted the highest number of those employed, which indicates that they were not discriminated against. Disparate action affects employees who are discriminated against because they are a minority group. In this case, there is no evidence of disparate impact since the company did not discriminate against the African-Americans. 4. Gordon Howe, a Caucasian male, scored 48 on the WPT and was interviewed but not hired. Does Mr. Howe have a possible Title VII lawsuit? What additional data are relevant to this question? Can “disparate impact” theory be used in cases involving subjective selection processes like interviews? Title VII protects against discrimination of employees on the basis of race, color, religion, sex, or nationality. Howe can use Title VII in a lawsuit because he is a Caucasian looking for employment in America. The employer might have discriminated against him due to his race and settled for another employee. The disparate impact guards against discriminatory acts towards a minority group. Caucasians are minorities in America and Howe could have been discriminated against since he was Caucasian (Bernardin and Russell, 2013). Jones v. Purple Cabs (Reverse Discrimination or Legal Affirmative Action?) 5.

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Devry ACCT 504 FINAL EXAM...

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